32. Bar's Memo to Panel

Excerpts from the Bar's memo to the Panel dated 12th October, 2007 :

2. Under S21(4) of the Anti Corruption Act, 1997 any report ... must be kept secret and shall not be disclosed to any person other then officers of the Agency and Public Prosecutor...

4. The issue of authenticity can be tested by technical expertise by digital forensic experts locally and or abroad.

5. ...creates an impression that the authorities are more interested in persecuting the whistleblower than in discovering the truth of the alleged wrongdoing...

6. The panel lacks legal authority and immunity to conduct investigations...

7. No set procedure in relation to the manner in which the Panel is to carry out its work.

8....no power to summon witnesses, procure evidence on oath ...

9. ... the findings of the panel would at best be an opinion on the material obtained by other bodies...

10. The Bar is concerned that the Panel does not invite any specific person to come forward to assist it or give a statement. Any such statement would not be on oath...

11. ... no open or public hearing is to be held...

12. ... hearing before Tribunal of Inquiry should be held in public - so that the public would have complete confidence ...

13. ... views of Lord Justice Salmon of the Royal Commission on DSAI...

15. Evidence Act would be inappropriate to this Panel. Evidence Act provides all for in a judicial proceeding in or before a court but not to affidavits presented to any court or officer of court ...

16. The Bar invites Panel to recommend that a Public Enquiry be held pursuant to Commission of Enquiry Act 1950.

17. The video clip and all that it represents has "seared the very soul of Malaysia." Its impact cannot be denied. Its devastation must be addressed through appropriate processes that will uncover the whole truth and recommend satisfactory remedies.

Ambiga Sreenevasan,
President,
Malaysian Bar